The International Data Transfer Agreement is essential for organizations transferring personal data from Indonesia to other countries. It becomes necessary when an Indonesian entity needs to share personal data with foreign partners, service providers, or group companies. The agreement ensures compliance with Indonesia's Personal Data Protection Law (UU PDP), Government Regulation 71/2019, and related MOCI regulations. It addresses critical aspects such as data protection principles, technical security measures, data subject rights, and breach notification requirements. The document is particularly important given Indonesia's strict data localization requirements and the need for specific safeguards in cross-border data transfers. It should be used whenever personal data will be transferred outside Indonesia's jurisdiction, whether for processing, storage, or other purposes.
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1. Parties: Identification of the data exporter and data importer, including their roles as controller/processor
2. Background: Context of the agreement and relationship between the parties
3. Definitions: Key terms used in the agreement, including specific Indonesian law terminology
4. Scope and Purpose: Details of the data transfer activities and their intended purpose
5. Data Protection Principles: Compliance with Indonesian data protection principles and international standards
6. Obligations of Data Exporter: Responsibilities and warranties of the party sending the data
7. Obligations of Data Importer: Responsibilities and warranties of the party receiving the data
8. Technical and Organizational Measures: Security measures required for data protection
9. Data Subject Rights: Procedures for handling data subject requests and rights under UU PDP
10. Data Breach Notification: Procedures for reporting and handling data breaches
11. Audit Rights: Rights and procedures for conducting compliance audits
12. Duration and Termination: Term of agreement and termination provisions
13. Governing Law and Jurisdiction: Application of Indonesian law and jurisdiction
14. General Provisions: Standard contractual terms including amendments, notices, and severability
1. Sub-processing: Include when the data importer may engage sub-processors
2. Data Localization Requirements: Include when dealing with specific categories of data requiring local storage under GR 71/2019
3. Special Categories of Data: Include when transferring sensitive personal data
4. Return or Destruction of Data: Include specific provisions for data handling post-termination
5. Insurance Requirements: Include when specific insurance coverage is needed for data protection
6. Business Continuity: Include when continuous access to data is critical for operations
7. Local Representative: Include when either party needs a local representative in Indonesia
1. Schedule 1 - Description of Transfer: Detailed description of data categories, subjects, and transfer purposes
2. Schedule 2 - Technical and Security Measures: Detailed technical and organizational security measures
3. Schedule 3 - Sub-processors: List of approved sub-processors and their roles
4. Schedule 4 - Transfer Impact Assessment: Assessment of risks and safeguards for the data transfer
5. Appendix A - Data Processing Instructions: Specific instructions for data processing activities
6. Appendix B - Contact Points: List of key contacts for operational and emergency matters
7. Appendix C - Compliance Certificates: Relevant compliance certifications and documentation
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